IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100018299 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and any unit awards he may be authorized.

2.  The applicant states, in effect, he served as an infantryman the entire time that he served in the Republic of Vietnam (RVN).  To the best of his recollection, his military occupational specialty (MOS) was not changed to clerical until he arrived at Fort Dix, New Jersey.

3.  The applicant provides copies of his DD Form 214, installation information for Fort Polk, Louisiana, and the letters he wrote to his parents.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  On 13 December 1965, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 255, Fort Polk, dated 3 October 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.

4.  On 11 November 1966, the applicant departed Fort Polk, for duty in the RVN.

5.  On 13 December 1966, the applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry Regiment in the RVN in MOS 11B with principal duties as a rifleman.  On this same date, his duty assignment was changed to MOS 71B (Clerk Typist).

6.  Special Orders Number 66, 3rd Brigade, 25th Infantry Division, dated 7 March 1967, withdrew the applicant's primary MOS of 11B and awarded him primary MOS 71B and secondary MOS 11B.

7.  On 23 November 1967, the applicant returned to the United States for duty at Fort Dix, New Jersey.

8.  Special Orders Number 100, Fort Dix, dated 21 May 1968, promoted the applicant to specialist five, pay grade E-5, in MOS 71H (Personnel Specialist).

9.  Special Orders Number 225, Fort Dix, dated 12 November 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.

10.  On 26 December 1968, the applicant was released from active duty in the rank of specialist five, pay grade E-5, and he had completed 3 years of creditable active duty service.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

*  National Defense Service Medal
*  Vietnam Service Medal
*  Vietnam Campaign Medal




12.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

13.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase II; and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 35th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number:

	a.  17, dated in 1969, for award of the Meritorious Unit Commendation;

	b.  43, dated in 1972, for award of the Valorous Unit Award;

	c.  48, dated in 1971 and in DAGO Number 3, dated in 1970, as amended by DAGO Number 38, dated in 1970, for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
	d.  53, dated in 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and any unit awards he may be authorized.

2.  The evidence clearly shows the applicant initially was awarded an infantryman MOS and assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  However, it also shows that his duty position was that of a clerk typist his entire tour of duty in the RVN.  There is no available evidence showing that he served in active ground combat. Therefore, his request for award of the Combat Infantryman Badge should be denied. 

3.  Records show the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal

4.  The applicant's unit was cited in general orders for award of the Meritorious Unit Commendation and the Valorous Unit Award.  Therefore, his records should be corrected to show these unit awards.

5.  The applicant's unit was cited in general orders for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

6.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar and Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.  Therefore, his records should be corrected to show these badges.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214:

* Valorous Unit Award
* Meritorious Unit Commendation
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle [M-14] Bar
* Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Infantryman Badge.  



      _______ _   X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100018299



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ABCMR Record of Proceedings (cont)                                         AR20100018299



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